§ 3.30.1511. Leave without pay.

Leave without pay may take any of the forms stated in this section and may be granted by the director upon request by the employee, recommendation of the agency head and upon consideration of the particular needs of the employee and the agency. Leave and benefits shall not accrue during leave without pay except as provided in this section. The employer-employee relationship is maintained during a period of leave without pay, but no other compensation shall be paid by the municipality.

Section 3.30.1515 provides for family leave, which must be approved pursuant to AS 23.10.500—23.10.550 and Public Law 103-3. Additional periods of leave without pay directly following family leave may be requested by an employee and may be approved by the director upon recommendation of the agency head. The period of family leave, whether paid or unpaid, will, however, count toward the maximum periods of leave without pay available under this section.

Consecutive periods of leave without pay may be requested under the various subsections of this section; however, with the exception of military leave without pay, under no circumstances will leave without pay be approved for more than 12 consecutive months.

A.

Medical leave without pay.

1.

Requirements. Medical leave without pay shall be granted only:

a.

Upon the recommendation from the treating physician which outlines the specific nature of the disability, giving the date the disability began and estimating the date when the employee will be able to return to employment. A disability related to pregnancy shall be treated the same as any other disability; and

b.

Upon exhaustion of all but 40 hours of the employee's annual leave and all of the employee's sick leave.

2.

Duration. Medical leave without pay may be granted for the treating physician's estimated term of disability, but not to exceed three months. The director may approve additional periods of medical leave as provided in this section, so long as all such medical leave does not exceed one year.

3.

Benefit entitlement. For the first three months of medical leave, the employee shall receive medical and life insurance coverage, as determined by the director. Thereafter, the employee shall be entitled to receive such benefits only if he pays for them in the manner prescribed by the director.

4.

Replacement of employee on medical leave without pay. Employees on approved medical leave without pay may be replaced by temporary, regular or substitute employees, depending on the needs of the agency and the anticipated duration of the leave without pay. If it has been necessary to appoint a regular employee to replace the employee on medical leave without pay, the agency concerned shall appoint returning employees to a comparable position within the agency or arrange for appointment in another agency of the municipality in a comparable position, if available, and, if not, the employee's name shall be placed on the reemployment list for the appropriate class of positions.

B.

Educational leave without pay.

1.

Requirements. The director may authorize educational leave without pay to allow the employee to complete formal undergraduate or advanced degree requirements, if:

a.

Such education will be of benefit to the municipality;

b.

The employee has been employed by the municipality for at least two years;

c.

The employee has exhausted all of his annual leave;

d.

The agency head has certified that the employee's absence is unlikely to have a serious effect upon the agency's performance; and

e.

No monetary or nonmonetary assistance shall be provided by the municipality to an employee on educational leave without pay.

2.

Duration. A maximum of one year may be granted for educational leave without pay.

3.

Benefit entitlement. An employee on educational leave without pay may pay for health and insurance coverage, as determined by the director.

4.

Replacement of employee on educational leave without pay. Employees on approved educational leave without pay may be replaced by temporary or substitute employees depending on the needs of the agency and the duration of the educational leave without pay. Employees shall resume their positions upon completion of educational leave without pay.

C.

Personal leave without pay.

1.

Requirements. The director may grant personal leave without pay to employees:

A.

For no more than 30 days in any one year for any reason and without regard to the employee's annual and sick leave account balance so long as the agency head certifies that the agency is able to perform adequately if the leave is granted and provided that such leave is not taken in conjunction with any other unpaid leave. Medical and life insurance coverage will continue during such periods.

B.

For longer periods authorized by this subsection for an important personal reason so long as:

(1)

The agency head certifies that the agency is able to perform adequately if the leave is granted;

(2)

The employee has exhausted his annual leave account;

(3)

The employee has stated an important reason to support his leave application;

(4)

The initial leave is granted for no more than three months, with the possibility of one extension for an additional three months upon the same conditions; and

(5)

The employee pays for the health and insurance coverage that he may choose to receive, as determined by the director.

2.

Replacement of employee on personal leave without pay. Employees on approved personal leave without pay may be replaced by temporary or substitute employees, depending on the needs of the agency and the duration of the personal leave without pay. Employees shall resume their positions upon completion of personal leave without pay.

D.

Programmed leave without pay.

1.

Requirements. If an agency head suspends the work performed by an employee for more than one workweek but no more than eight workweeks in a calendar year, the employee may choose to be laid off pursuant to section 3.30.112 or to take programmed leave without pay, if that option is offered by the director. An employee who is on programmed leave may choose to use annual leave for any portion of that leave.

2.

Duration. No more than 60 days of programmed leave shall be available pursuant to any one suspension of work by an agency head.

3.

Benefits. An employee on programmed leave without pay shall continue to receive life and health insurance coverage, as determined by the director, but annual leave shall not accrue during that time.

4.

Replacement of employee on programmed leave without pay. No employee on programmed leave shall be replaced at any time by reason of such leave, nor shall the work of their position be assigned to another employee.

E.

Military leave without pay.

1.

An employee ordered to active military duty shall upon request be entitled to up to four years of military leave without pay for the purpose of fulfilling the employee's military commitment. An employee so ordered may request up to a one-year extension if the employee's military commitment exceeds four years.

2.

An employee placed on leave without pay under this subsection will:

a.

Remain a municipal employee.

b.

Be reinstated in accordance with section 3.30.068.A.1.

c.

Have the opportunity to purchase health insurance.

3.

A reinstated employee shall be reemployed in such a manner as to give the employee such status in employment as the employee would have enjoyed if the employee had continued in that employment continuously.

4.

An employee placed on leave without pay under this subsection may be replaced by temporary or substitute employees, depending on the needs of the agency and the anticipated duration of the leave without pay.

5.

To the extent that an employee is guaranteed rights under federal law which exceed the benefits contained in this subsection, the federal law will apply.

(AO No. 79-195; AO No. 86-207(S-1); AO No. 91-5(S-1); AO No. 93-136, § 1, 8-5-93; AO No. 94-117, § 32, 7-26-94; AO No. 2009-60, § 1, 5-12-09; AO No. 2009-85, § 1, 7-7-09; AO No. 2014-32(S), § 15, 2-25-14)

State law reference

Family leave requirements, AS 23.10.500—23.10.550, 39.20.305; military leave, AS 39.20.340.

Editor's note

Section 3 of AO No. 2009-60 states this ordinance shall sunset and be automatically repealed without any action of the assembly on December 31, 2010. Such ordinance added a new subsection F. which is not repealed.